Protective Covenants

SUMMARY OF SUBDIVISION COVENANTS FOR ROCKFORD FARM

THE FOLLOWING SUMMARY IS NOT AN EXHAUSTIVE DISCUSSION OF THE CONDITIONS AND RESTRICTIONS AFFECTING THE ROCKFORD FARM SUBDIVISION.  ANY PROSPECTIVE OWNER SHOULD CAREFULLY READ THE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR ROCKFORD FARM (THE “DECLARATION”) BEFORE PURCHASING A LOT.  ALL CAPITALIZED TERMS NOT DEFINED HEREIN SHALL HAVE THE MEANINGS GIVEN TO THEM IN THE DECLARATION. 

GOVERNANCE

  • Rockford Farm Subdivision contains both residential Lots and Common Area.  A Home Owners’ Association, the Rockford Farm Home Owners’ Association, Inc., a Georgia nonprofit corporation (the “Association”), shall have the authority to enforce the Declaration on all Owners.  The Board of Directors shall govern the affairs of the Association.
  • The Declarant shall control the Board of Directors and the Architectural Control Committee (the “ACC”) until the Declarant sells all of the Lots it owns.
  • The Association shall allow voting privileges of one vote for each Lot owned, Declarant included.  When more than one person holds an interest in any Lot, the vote of such Lotshall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot.
  • The Board of Directors has the authority, among other things, to:
    1. adopt rules and regulations governing the details of the administration, management, operation and use of the Common Area and any recreational facilities located thereon;
    2. to provide for the operation, care, upkeep, maintenance, repair, replacement and improvement of the Common Area and any recreational facilities located thereon and payments therefor; and
    3. to estimate the amount of, prepare, adopt and distribute the budget for the Association not less frequently than annually, to provide the manner of assessing, levying on and collecting from the Owners the annual and special assessments, and to levy fines against one or more occupants in accordance with the Declaration.

ASSESSMENTS

  • The annual assessment shall be per each Lot and shall be Three Hundred Dollars ($300) per Lot until the Board of Directors determines otherwise. 
  • In addition to annual assessments, the Association may levy special assessments for the purpose of defraying the cost of any construction, reconstruction, repair or replacement of any capital improvement upon the Common Area, provided that any such assessment shall require the approval of the Majority.
  • Notwithstanding the foregoing, for all Lots purchased on or before December 31, 2007, no assessments shall be due and payable until January 1, 2008 for the assessment period running from January 1, 2008 to December 31, 2008.

BUILDING AND USE RESTRICTIONS

  • No building shall be erected, placed or have its architectural features materially altered on any Lot in the subdivision until the building plans, specifications, plot plans, site plans and landscape plans have been approved by the ACC.  A sample of Guidelines and Design standards that may be enacted by the ACC are included as part of the Declaration and attached hereto as Exhibit A
  • Only one dwelling or residential structure shall be erected per Lot.  Each dwelling or residential structure is required to contain a minimum of 2,000 enclosed square feet of heated space, exclusive of garage and/or unfinished basement.  The main floor of multi-story homes must have a minimum of 1,500 square feet of heated space. High-grade exterior finishes and workmanship are required on each dwelling and are limited to brick, stone, wood, and/or other finishes approved by the ACC.  Approved premium grade vinyl may be used as cornice and soffit only. The exterior of any dwelling or residential structure must be completed within nine (9) months after the commencement of construction.  Erection of garden houses, gazebos, or other decorative type buildings may be permitted upon approval of the ACC but have to be of the same material design as the house.  Site/Landscape plans shall be submitted, reviewed and approved by the ACC prior to construction. Yard and grounds shall be landscaped before occupancy.
  • Trailers, mobile, manufactured or modular homes, boats, trucks (other than pickup trucks) or any similar units or structures shall not be placed on any Lot at any time.  The pursuit of hobbies or other activities which might tend to cause disorderly, unsightly or unkempt conditions, shall not be allowed or undertaken on any portion of the Common Area or on any Lot in a location visible to a road or an adjoining Lot.
  • There shall be no all-terrain vehicles, dune buggies, go carts, or any type of motorized vehicle designed primarily for off road use allowed on any portion of the Property, except in storage.  Storage should not be visible from the street or any other Lot. 
  • Structures, other than satellite receiving dishes of not more than 20 inches in diameter, for the purpose of receiving radio, cellular or television broadcast signals, shall not be permitted on any Lot. No structure, with the exception of mail boxes, shall be erected between the front building line of the Lot and the street. All mailboxes are to be uniform in design and construction as provided by the Association and paid for by the homeowner or builder.
  • No stable, poultry house, or yard rabbit hutch or similar structure shall be constructed or allowed to remain on any Lot, nor shall livestock of any nature or classification whatsoever be kept or maintained on any Lot.  However, household pets shall be permitted, provided they are not raised for commercial purposes.  Pets are to be confined to the Owners’ premises; this is to include house and yard.  Dog runs and chain link fences are expressly prohibited.  Invisible fences and decorative fencing may be allowed certain portions of Lots as approved prior to construction by the ACC.
  • All houses shall have a minimum setback of 60 feet from the back of curb, a minimum 20-foot setback on each side, and a minimum 20-foot setback on the rear, unless otherwise approved by the ACC.
  • All fencing must be approved by the ACC and be in character with the subdivision and the architecture of the dwelling in question.  No chain link, plastic type or vinyl clad fencing will be allowed. 
  • Each Owner, whether vacant or occupied, shall keep and maintain the exterior of any and all improvements located thereon in a neat, attractive and safe condition.  Each Owner shall also maintain the trees, shrubs, hedges and other landscaping thereon and, in any case, shall be responsible for watering the lawns, trees, shrubs, hedges, and other landscaping on a regular and as needed basis.  Should any Owner fail to maintain his Lot, the Association may, after thirty (30) days written notice, enter upon his Lot to perform such exterior landscaping and maintenance as the Association deems necessary or advisable. Such Owner shall be personally liable to the Association for the direct and indirect cost of such landscaping and maintenance, which costs shall be added to and become part of the assessment to which such Owner and his Lot are subject.
  • Declarant has entered into an agreement with Toccoa Natural Gas to supply each of the Lots with natural gas.  Any Owner building upon his Lot may be required to pay a connection fee (unrelated to usage) prior to submitting his Application for Construction to the ACC.  For three or more appliances (two of which must be the water heater and furnace), the connection fee is zero dollars.  The fee schedule (ranging up to $1,500) and list of appliances are set forth in the Declaration.
THIS SUMMARY DOES NOT PURPORT TO BE A COMPLETE DESCRIPTION AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO THE COMPLETE TEXT OF THE DECLARATION.  IF THERE IS ANY CONFLICT BETWEEN THIS SUMMARY AND THE DECLARATION, THE DECLARATION SHALL CONTROL.   

EXHIBIT A

Guidelines and Design Standards

The purpose of the ACC is to help preserve and protect values in our community by establishment and maintenance of high standards of architectural design, quality and construction to blend harmoniously with the neighborhood.

 The ACC shall have authority as set out in this Declaration, as such may be amended from time-to-time.  Decisions are to be made by a majority vote of the ACC members.  Each member of the ACC shall have an equal vote.  The Board shall have the right to review rejected applications that are properly appealed.  An Owner may appeal the rejection of its application to the ACC by setting forth, in writing, specifically the matters of its appeal.  If the Declarant owns any Lot, a denied application shall be appealed by such Owner to the Declarant, whose decision is binding. From and after the time the Declarant no longer owns any Lot, a denied application shall be appealed by such Owner to the Board, whose decision is binding.

 The ACC shall, from time-to-time, prescribe certain rules and regulations to govern the conduct of Owners and their contractors and agents in connection with any construction on such Owner’s Lot (the “Contractors Rules and Regulations”).  Any Owner may request a copy of the Contractors Rules and Regulations from the ACC, and the ACC shall provide such copy in a reasonable time thereafter.

The ACC shall meet as necessary to review applications.  Applications duly filed shall be approved or rejected by the ACC within fifteen (15) calendar days of such filing. Applications shall include the following:

  1. Site Plan.
    1. Include house and drive location with setbacks and first floor finished elevation.
    2. Erosion control plan with silt screens and/or hay bale dams located.
    3. Location of utilities.
  2. A copy of the Contractors Rules and Regulations, signed by each of the Owner and the general contractor, if any.  All general contractors or builders will have to be approved by the ACC, and the ACC will maintain a list of such general contractors and builders (the “Approved List”).  The Approved List will be determined on the sole discretion of the ACC (except as otherwise determined by the Board). 
  3. Floor plans and elevations (2 sets) of all improvements proposed on the Lot in a scale of ¼”:1’-0”. 
  4. Exterior material specifications and colors (actual material and color samples required prior to installation).
  5. Roof specifications and colors (actual material and color samples required prior to installation).
  6. Landscape plan, including any proposed plantings (size and number), walkways, fences, trees, exterior lighting and drainage and other similar features.
  7. Rough, on site, stake out of building corners and drive.
  8. Location of outside equipment necessary for the operation of the improvements on the Lot, including without limitation any heating and air conditioning equipment.

SPECIFIC ARCHITECTUAL GUIDELINES

The following are a sample list of items the ACC may require or recommend:

1.      High quality construction and contractors.

2.      Aesthetic conformity and harmonious blend of architecture throughout.

3.      Preservation of natural beauty and general character of community.

4.      High-grade exterior finishes are limited to brick, natural stone, wood, and/or other finishes approved by the ACC.  Vinyl allowed on cornice and soffit only.

5.      Architectural or high grade roofing materials as specified by the Declarant or the ACC.

6.      Strict signage control.

7.      High pitch roof line (8/12 minimum) excluding porches and special features. Ceiling height on the main floor must be at least nine (9) feet; ceiling height in all other finished or unfinished areas must be at least eight (8) feet.

8.      Drives, turnarounds, and parking areas to be concrete.  All delivery trucks must clean up on each lot.

9.      Automatic garage doors.  If at all possible, garage doors shall not face the street fronted by the dwelling. Approval of the ACC is required for all front facing or courtyard garage doors.

10.  Landscape buffers to hide utility entrances, meters, heat/air units, so as not to be seen from front of street.

11.  Landscaping is a critical item in insuring the ultimate quality of a development. Emphasis should be placed on the quantity and quality of the landscaping especially on those lots that have little or no trees.  Native trees, including without limitation tulip, sweet gum (variety without gum balls), hickory, beach, and evergreen pine and cedar trees are encouraged along with specimen trees.

12.  Conformance with local, state and any other applicable building codes and restrictions, including soil erosion control.

13.  Owners shall be responsible for repairing road shoulders and ditches damaged by their builders, crews, and delivery trucks on either side of road fronting their lot.  Repairs must be made prior to occupying dwelling.

14. Irrigation of lawns and planted areas is encouraged.  Lawn areas and planting in the front of each lot must be irrigated.  Corner lots must irrigate on both sides of the lot.

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